Following Landmark Second Amendment Decision, SCOTUS Overturns Appeals Court Decisions in 4 States

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The Supreme Court followed up its June 23 landmark ruling that for the first time recognized a constitutional right to carry firearms in public for self-defense, by issuing a series of rulings June 30 reversing federal appeals court decisions that upheld gun restrictions in CaliforniaNew JerseyMaryland, and Hawaii.

Courts will find it difficult to uphold the firearms laws in question after the high courtโ€™s June 30 and June 23 rulings.

In unsigned orders, all four cases wereย remandedย June 30 to lower courts โ€œfor further consideration in light ofโ€ the Supreme Courtโ€™s June 23 decision in New York Stateย Rifle and Pistol Association v. Bruen. In that 6โ€“3 ruling, the high courtย invalidatedย New Yorkย stateโ€™s tough concealed-carry gun permitting system.

The Second Amendment to the U.S. Constitution states: โ€œA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.โ€

The Supreme Court has been strengthening Second Amendment protections in recent years. In District of Columbia v. Heller (2008), the Supreme Court held the amendment protects โ€œthe individual right to possess and carry weapons in case of confrontation,โ€ and in McDonald v. City of Chicago (2010), that this right โ€œis fully applicable to the States.โ€

It makes no sense to recognize Americansโ€™ right to defend themselves in their homes while denying them the ability to defend themselves outside their homes, Justice Clarence Thomas wrote June 23 in the courtโ€™s majority opinion.

โ€œAfter all, the Second Amendment guarantees an โ€˜individual right to possess and carry weapons in case of confrontation,โ€™ and confrontation can surely take place outside the home. โ€ฆ Many Americans hazard greater danger outside the home than in it,โ€ Thomas wrote.

In the new orders, the Supreme Court summarily disposed of the four pending cases, simultaneously granting appellantsโ€™ petitions seeking review while skipping over the oral argument phase. Some lawyers call this process GVR, standing for grant, vacate, and remand.

Byย Matthew Vadum

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